Abul Hasem Md Saker @ Abul Hasem Mahammad Saker v. State Of West Bengal

05/05/2025 M/L 44 Ct. No.28 S.Kundu C.R.M.(A) 1446 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Mangolkote police station case no. 271 of 2023 dated 29.10.2023 GR case no. 1918 of 2023 under sections 420/120B/406/467/468/471/506/34 of the IPC. In the matter of: Abul Hasem Md Saker @ Abul Hasem Mahammad Saker ... Petitioner Mr. Rajashree Tah ...for the petitioner.

Mr. Bibaswan Bhattacharyya Mr. Asif Dewan ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner is 85 years old. The de-facto complainant alleged that he had forged deeds to transfer the property, which actually belonged to the de-facto complainant.

2. Learned counsel appearing for the State submits as follows. It is alleged that the ancestral property that was gifted to the de-facto complainant was gifted to the wife and some sold away by the petitioner to others by committing forgery. Some documents have been seized. Charge-sheet has been submitted.

3. In view of the fact that the case is based on a documentary evidence, most of the relevant documents have been seized and the fact that charge-sheet has been

submitted, I am inclined to grant anticipatory bail to the petitioner.

4. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and the petitioner shall not threaten or intimidate witnesses. The petitioner shall attend the Court on dates fixed.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)